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Public Act 92-0668
HB4344 Enrolled LRB9213778DHgc
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by adding
Sections 1-113.1, 1-202.1, 3-804.1, and 3-804.2 and by
changing Sections 3-413, 4-209, 12-201, 12-205, 12-208,
12-301, 12-501, 12-607, 12-608, 13A-104, and 13B-15 as
follows:
(625 ILCS 5/1-113.1 new)
Sec. 1-113.1. Custom vehicle. A motor vehicle that is at
least 25 years of age and of a model year after 1948 or a
vehicle that has been certified by an inspector of the
National Street Rod Association, on a form prescribed by the
Secretary of State, to be a custom vehicle manufactured to
resemble a vehicle at least 25 years of age and of a model
year after 1948 and has been altered from the manufacturer's
original design or has a body constructed from non-original
materials and which is maintained for occasional
transportation, exhibitions, club activities, parades, tours,
and similar uses and which is not used for general daily
transportation.
(625 ILCS 5/1-202.1 new)
Sec. 1-202.1. Street rod. A motor vehicle that is a
1948 or older vehicle or a vehicle that has been certified by
an inspector of the National Street Rod Association, on a
form prescribed by the Secretary of State, to be a street rod
that was manufactured after 1948 to resemble a vehicle that
was manufactured before 1949 and has been altered from the
manufacturer's original design or has a body constructed from
non-original materials and which is maintained for occasional
transportation, exhibitions, club activities, parades, tours,
and similar uses and which is not used for general daily
transportation.
(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
Sec. 3-413. Display of registration plates, registration
stickers and driveway decal permits.
(a) Registration plates issued for a motor vehicle other
than a motorcycle, trailer, semitrailer, truck-tractor,
apportioned bus, or apportioned truck shall be attached
thereto, one in the front and one in the rear. The
registration plate issued for a motorcycle, trailer or
semitrailer required to be registered hereunder and any
apportionment plate issued to a bus under the provisions of
this Code shall be attached to the rear thereof. The
registration plate issued for a truck-tractor or an
apportioned truck required to be registered hereunder shall
be attached to the front thereof.
(b) Every registration plate shall at all times be
securely fastened in a horizontal position to the vehicle for
which it is issued so as to prevent the plate from swinging
and at a height of not less than 5 inches 12 inches from the
ground, measuring from the bottom of such plate, in a place
and position to be clearly visible and shall be maintained in
a condition to be clearly legible, free from any materials
that would obstruct the visibility of the plate, including,
but not limited to, glass covers and tinted plastic covers.
Clear plastic covers are permissible as long as they remain
clear and do not obstruct the visibility of the plates.
Registration stickers issued as evidence of renewed annual
registration shall be attached to registration plates as
required by the Secretary of State, and be clearly visible at
all times.
(c) Every driveway decal permit issued pursuant to this
Code shall be firmly attached to the inside windshield of the
motor vehicle in such a manner that it cannot be removed
without being destroyed. If such decal permits are affixed
to a motor vehicle in any other manner the permit shall be
void and of no effect.
(d) The Illinois prorate decal issued to a foreign
registered vehicle part of a fleet prorated or apportioned
with Illinois, shall be displayed on a registration plate and
displayed on the front of such vehicle in the same manner as
an Illinois registration plate.
(e) The registration plate issued for a camper body
mounted on a truck displaying registration plates shall be
attached to the rear of the camper body.
(f) No person shall operate a vehicle, nor permit the
operation of a vehicle, upon which is displayed an Illinois
registration plate, plates or registration stickers after the
termination of the registration period for which issued or
after the expiration date set pursuant to Sections 3-414 and
3-414.1 of this Code.
(Source: P.A. 89-245, eff. 1-1-96; 89-375, eff. 8-18-95.)
(625 ILCS 5/3-804.1 new)
Sec. 3-804.1. Custom vehicles.
(a) The owner of a custom vehicle may register that
vehicle for the standard registration fee for a vehicle of
the first division, other than a motorcycle, motor driven
cycle, or pedalcycle, and obtain a custom vehicle plate. An
applicant for the special plate shall be charged, in addition
to the standard registration fee, $15 for original issuance
to be deposited into the Secretary of State Special License
Plate Fund, to be used by the Secretary to help defray
administrative costs. For each renewal period, in addition to
the standard registration fee, the applicant shall be charged
$2, which shall be deposited into the Secretary of State
Special License Plate Fund. The application for registration
must be accompanied by an affirmation of the owner that the
vehicle will be maintained for occasional transportation,
exhibitions, club activities, parades, tours, and similar
uses and will not be used for general daily transportation.
The Secretary may, in his or her discretion, prescribe that
custom vehicle plates be issued for a definite or an
indefinite term, the term to correspond to the term of
registration plates issued generally, as provided in Section
3-414.1. Any person requesting custom vehicle plates under
this Section may also apply to have vanity or personalized
plates as provided under Section 3-405.1.
(b) Upon initial registration of a custom vehicle, the
owner of the custom vehicle must provide proof acceptable to
the Secretary that, no more than 3 months before the date of
the application for registration, the custom vehicle passed a
safety inspection that (i) has been approved by the Secretary
and (ii) is equivalent to the National Street Rod
Association's prescribed vehicle safety inspection.
Except where otherwise provided, custom vehicles are
considered to be in compliance with all vehicle equipment
requirements if they have passed the approved vehicle safety
inspection.
(625 ILCS 5/3-804.2 new)
Sec. 3-804.2. Street rods.
(a) The owner of a street rod may register the vehicle
for the standard registration fee for a vehicle of the first
division, other than a motorcycle, motor driven cycle, or
pedalcycle, and obtain a street rod plate. An applicant for
the special plate shall be charged, in addition to the
standard registration fee, $15 for original issuance to be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray
administrative costs. For each renewal period, in addition to
the standard registration fee, the applicant shall be charged
$2, which shall be deposited into the Secretary of State
Special License Plate Fund. The application for registration
must be accompanied by an affirmation of the owner that the
vehicle will be maintained for occasional transportation,
exhibitions, club activities, parades, tours, and similar
uses and will not be used for general daily transportation.
The Secretary may, in his or her discretion, prescribe that
street rod plates be issued for a definite or an indefinite
term, the term to correspond to the term of registration
plates issued generally, as provided in Section 3-414.1. Any
person requesting street rod plates under this Section may
also apply to have vanity or personalized plates as provided
under Section 3-405.1.
(b) Upon initial registration of a street rod, the owner
of the street rod must provide proof acceptable to the
Secretary that, no more than 3 months before the date of the
application for registration, the street rod passed a safety
inspection that (i) has been approved by the Secretary and
(ii) is equivalent to the National Street Rod Association's
prescribed vehicle safety inspection.
Except where otherwise provided, street rods are
considered to be in compliance with all vehicle equipment
requirements if they have passed the approved vehicle safety
inspection.
(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
Sec. 4-209. Disposal of unclaimed vehicles more than 7
years of age; disposal of abandoned or unclaimed vehicles
without notice.
(a) When the identity of the registered owner,
lienholder, or other legally entitled persons of an
abandoned, lost, or unclaimed vehicle of 7 years of age or
newer cannot be determined by any means provided for in this
Chapter, the vehicle may be sold as provided in Section 4-208
without notice to any person whose identity cannot be
determined.
(b) When an abandoned vehicle of more than 7 years of
age is impounded as specified by this Chapter, or when any
such vehicle is towed at the request or with the consent of
the owner or operator and is subsequently abandoned, it will
be kept in custody or storage for a minimum of 10 days for
the purpose of determining the identity of the registered
owner, lienholder, or other legally entitled persons and
contacting the registered owner, lienholder, or other legally
entitled persons by the U. S. Mail, public service or in
person for a determination of disposition; and, an
examination of the State Police stolen vehicle files for
theft and wanted information. At the expiration of the 10 day
period, without the benefit of disposition information being
received from the registered owner, lienholder, or other
legally entitled persons, the vehicle may be disposed of in
either of the following ways:
(1) The law enforcement agency having jurisdiction
will authorize the disposal of the vehicle as junk or
salvage.
(2) The towing service may sell the vehicle in the
manner provided in Section 4-208 of this Code, provided
that this paragraph (2) shall not apply to vehicles towed
by order or authorization of a law enforcement agency.
(c) A vehicle classified as an antique vehicle, custom
vehicle, or street rod may however be sold to a person
desiring to restore it.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
Sec. 12-201. When lighted lamps are required.
(a) When operated upon any highway in this State, every
motorcycle shall at all times exhibit at least one lighted
lamp, showing a white light visible for at least 500 feet in
the direction the motorcycle is proceeding. However, in lieu
of such lighted lamp, a motorcycle may be equipped with and
use a means of modulating the upper beam of the head lamp
between high and a lower brightness. No such head lamp shall
be modulated, except to otherwise comply with this Code,
during times when lighted lamps are required for other motor
vehicles.
(b) All other motor vehicles shall exhibit at least 2
lighted head lamps, with at least one on each side of the
front of the vehicle, which satisfy United States Department
of Transportation requirements, showing white lights,
including that emitted by high intensity discharge (HID)
lamps, or lights of a yellow or amber tint, during the period
from sunset to sunrise, at times when rain, snow, fog, or
other atmospheric conditions require the use of windshield
wipers, and at any other times when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a
distance of 1000 feet. Parking lamps may be used in addition
to but not in lieu of such head lamps. Every motor vehicle,
trailer, or semi-trailer shall also exhibit at least 2
lighted lamps, commonly known as tail lamps, which shall be
mounted on the left rear and right rear of the vehicle so as
to throw a red light visible for at least 500 feet in the
reverse direction, except that a truck tractor or road
tractor manufactured before January 1, 1968 and all
motorcycles need be equipped with only one such tail lamp.
(c) Either a tail lamp or a separate lamp shall be so
constructed and placed as to illuminate with a white light a
rear registration plate when required and render it clearly
legible from a distance of 50 feet to the rear. Any tail lamp
or tail lamps, together with any separate lamp or lamps for
illuminating a rear registration plate, shall be so wired as
to be lighted whenever the head lamps or auxiliary driving
lamps are lighted.
(d) A person shall install only head lamps that satisfy
United States Department of Transportation regulations and
show white light, including that emitted by HID lamps, or
light of a yellow or amber tint for use by a motor vehicle.
(e) For purposes of this Section, a custom vehicle or
street rod is considered to be in compliance with all vehicle
lamp requirements if it has passed the approved safety
inspection provided for in Section 3-804.1 or 3-804.2.
(Source: P.A. 91-130, eff. 1-1-00; 91-135, eff. 1-1-00;
92-16, eff. 6-28-01.)
(625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
Sec. 12-205. Lamps on other vehicles and equipment. Every
vehicle, including animal drawn vehicles, referred to in
paragraph (b) of Section 12-101, not specifically required by
the provisions of this Article to be equipped with lamps or
other lighting devices, shall at all times specified in
Section 12-201 of this Act be equipped with at least 2 lamps
on the power or towing unit, displaying a white light visible
from a distance of not less than 1,000 feet to the front of
such vehicle and shall also be equipped with 2 lamps each
displaying a red light visible from a distance of not less
than 1,000 feet to the rear of such vehicle.
Where the towed unit or any load thereon partially or
totally obscures the 2 lamps displaying red light to the rear
of the towing unit, the rearmost towed unit shall be equipped
with 2 lamps displaying red light visible from a distance of
not less than 1,000 feet to the rear of such towed unit which
are positioned in such a manner as to not obstruct the
visibility of the red light to any vehicle operator
approaching from the rear of such vehicle or combination of
vehicles.
Where the 2 lamps displaying red light are not obscured
by the towed unit or its load, then either towing unit or
towed unit, or both, may be equipped with the 2 lamps
displaying red light as required.
The preceding paragraph does not apply to antique
vehicles, custom vehicles, or street rods. An antique vehicle
shall be equipped with lamps of the same type originally
installed by the manufacturer as original equipment and in
working order.
(Source: P.A. 85-830.)
(625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208)
Sec. 12-208. Signal lamps and signal devices.
(a) Every vehicle other than an antique vehicle
displaying an antique plate operated in this State shall be
equipped with a stop lamp or lamps on the rear of the vehicle
which shall display a red or amber light visible from a
distance of not less than 500 feet to the rear in normal
sunlight and which shall be actuated upon application of the
service (foot) brake, and which may but need not be
incorporated with other rear lamps. During times when lighted
lamps are not required, an antique vehicle may be equipped
with a stop lamp or lamps on the rear of such vehicle of the
same type originally installed by the manufacturer as
original equipment and in working order. However, at all
other times, such antique vehicle must be equipped with stop
lamps meeting the requirements of Section 12-208 of this Act.
(b) Every motor vehicle other than an antique vehicle
displaying an antique plate shall be equipped with an
electric turn signal device which shall indicate the
intention of the driver to turn to the right or to the left
in the form of flashing lights located at and showing to the
front and rear of the vehicle on the side of the vehicle
toward which the turn is to be made. The lamps showing to the
front shall be mounted on the same level and as widely spaced
laterally as practicable and, when signaling, shall emit a
white or amber light, or any shade of light between white and
amber. The lamps showing to the rear shall be mounted on the
same level and as widely spaced laterally as practicable and,
when signaling, shall emit a red or amber light. An antique
vehicle shall be equipped with a turn signal device of the
same type originally installed by the manufacturer as
original equipment and in working order.
(c) Every trailer and semitrailer shall be equipped with
an electric turn signal device which indicates the intention
of the driver in the power unit to turn to the right or to
the left in the form of flashing red or amber lights located
at the rear of the vehicle on the side toward which the turn
is to be made and mounted on the same level and as widely
spaced laterally as practicable.
(d) Turn signal lamps must be visible from a distance of
not less than 300 feet in normal sunlight.
(e) Motorcycles and motor-driven cycles need not be
equipped with electric turn signals. Antique vehicles need
not be equipped with turn signals unless such were installed
by the manufacturer as original equipment.
(f) For purposes of this Section, a custom vehicle or
street rod is considered to be in compliance with all signal
lamp and signal device requirements if it has passed the
approved safety inspection provided for in Section 3-804.1 or
3-804.2.
(Source: P.A. 77-37.)
(625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
Sec. 12-301. Brakes.
(a) Brake equipment required.
1. Every motor vehicle, other than a motor-driven
cycle and an antique vehicle displaying an antique plate,
when operated upon a highway shall be equipped with
brakes adequate to control the movement of and to stop
and hold such vehicle, including 2 separate means of
applying the brakes, each of which means shall be
effective to apply the brakes to at least one wheel on a
motorcycle and at least 2 wheels on all other first
division and second division vehicles. If these 2
separate means of applying the brakes are connected in
any way, they shall be so constructed that failure of any
one part of the operating mechanism shall not leave the
motor vehicle without brakes.
2. Every motor-driven cycle when operated upon a
highway shall be equipped with at least one brake which
may be operated by hand or foot.
3. Every antique vehicle shall be equipped with the
brakes of the same type originally installed by the
manufacturer as original equipment and in working order.
4. Every trailer or semitrailer of a gross weight
of over 3,000 pounds, when operated upon a highway must
be equipped with brakes adequate to control the movement
of, to stop and to hold such vehicle, and designed so as
to be operable by the driver of the towing vehicle from
its cab. Such brakes must be so designed and connected
that in case of an accidental breakaway of a towed
vehicle over 5,000 pounds, the brakes are automatically
applied.
5. Every motor vehicle, trailer, pole trailer or
semitrailer, sold in this State or operated upon the
highways shall be equipped with service brakes upon all
wheels of every such vehicle, except any motor-driven
cycle, and except that any trailer, pole trailer or
semitrailer 3,000 pounds gross weight or less need not be
equipped with brakes, and except that any trailer or
semitrailer with gross weight over 3,000 pounds but under
5,001 pounds need be equipped with brakes on only one
wheel on each side of the vehicle. Any motor vehicle and
truck tractor having 3 or more axles and manufactured
prior to July 25, 1980 need not have brakes on the front
wheels, except when such vehicles are equipped with at
least 2 steerable axles, the wheels of one such axle need
not be equipped with brakes. However, a vehicle that is
more than 30 years of age and which is driven on the
highways only in going to and returning from an antique
auto show or for servicing or for a demonstration need be
equipped with 2 wheel brakes only.
(b) Performance ability of brakes.
1. The service brakes upon any motor vehicle or
combination of vehicles operating on a level surface
shall be adequate to stop such vehicle or vehicles when
traveling 20 miles per hour within a distance of 30 feet
when upon dry asphalt or concrete pavement surface free
from loose material.
2. Under the above conditions the hand brake shall
be adequate to stop such vehicle or vehicles, except any
motorcycle, within a distance of 55 feet and the hand
brake shall be adequate to hold such vehicle or vehicles
stationary on any grade upon which operated.
3. Under the above conditions the service brakes
upon an antique vehicle shall be adequate to stop the
vehicle within a distance of 40 feet and the hand brake
adequate to stop the vehicle within a distance of 55
feet.
4. All braking distances specified in this Section
apply to all vehicles mentioned, whether such vehicles
are unloaded or are loaded to the maximum capacity
permitted under this Act.
5. All brakes shall be maintained in good working
order and shall be so adjusted as to operate as equally
as practicable with respect to the wheels on opposite
sides of the vehicle.
6. Brake assembly requirements for mobile homes
shall be the standards required by the United States
Department of Housing and Urban Development adopted under
Title VI of the Housing and Community Development Act of
1974.
(c) For purposes of this Section, a custom vehicle or
street rod is considered to be in compliance with all brake
equipment requirements if it has passed the approved vehicle
safety inspection provided for in Section 3-804.1 or 3-804.2.
(Source: P.A. 86-447; 86-1340.)
(625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
Sec. 12-501. Windshields and safety glazing material in
motor vehicles.
(a) Every motor vehicle operated upon the highways of
this State shall be equipped with a front windshield which
complies with those standards as established pursuant to this
Section and Section 12-503 of this Code. This subsection
shall not apply to motor vehicles designed and used
exclusively for off-highway use, motorcycles, motor-driven
cycles, motorized pedalcycles, nor to motor vehicles
registered as antique vehicles, custom vehicles, or street
rods when the original design of such vehicles did not
include front windshields.
(b) No person shall knowingly sell any 1936 or later
model motor vehicle unless such vehicle is equipped with
safety glazing material conforming to specifications
prescribed by the Department wherever glazing material is
used in doors, windows and windshields. Regulations
promulgated by the Department specifying standards for safety
glazing material on windshields shall, as a minimum, conform
with those applicable Federal Motor Vehicles Safety Standards
(49 CFR 571.205). These provisions apply to all motor
vehicles of the first and second division but with respect to
trucks, including truck tractors, the requirements as to
safety glazing material apply to all glazing material used in
doors, windows and windshields in the drivers' compartments
of such vehicles.
(c) It is unlawful for the owner or any other person
knowingly to install or cause to be installed in any motor
vehicle any glazing material other than safety glazing
material conforming to the specifications prescribed by the
Department.
(Source: P.A. 85-1144.)
(625 ILCS 5/12-607) (from Ch. 95 1/2, par. 12-607)
Sec. 12-607. Suspension System.
(a) It shall be unlawful to operate a motor vehicle on
any highway of this State when the suspension system has been
modified from the original manufactured design by lifting the
body from the chassis in excess of 3 inches or to cause the
horizontal line from the front to the rear bumper to vary
over 3 inches in height when measured from a level surface of
the highway to the lower edge of the bumper, except that it
is unlawful to operate a street rod or custom vehicle when
the suspension system has been modified from the original
manufactured design so that the horizontal line from the
front to the rear bumper varies over 7 inches in height when
measured from a level surface of the highway to the lower
edge of the bumper.
(b) Nothing in this Section shall prevent the
installation of manufactured heavy duty equipment to include
shock absorbers and overload springs, nor shall anything
contained in this Section prevent a person to operate a motor
vehicle on any highway of this State with normal wear of the
suspension system if normal wear does not affect the control
or safe operation of the vehicle. This Section shall not
apply to motor vehicles designed or modified primarily for
off-highway racing purposes while such vehicles are in tow or
to motorcycles or motor driven cycles.
(Source: P.A. 78-436.)
(625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
Sec. 12-608. Bumpers.
(a) It shall be unlawful to operate any motor vehicle
with a gross vehicle weight rating of 9,000 pounds or less or
any motor vehicle registered as a recreational vehicle under
this Code on any highway of this State unless such motor
vehicle is equipped with both a front and rear bumper.
Except as indicated below, maximum bumper heights of such
motor vehicles shall be determined by weight category of
gross vehicle weight rating (GVWR) measured from a level
surface to the highest point of the bottom of the bumper when
the vehicle is unloaded and the tires are inflated to the
manufacturer's recommended pressure.
Maximum bumper heights are as follows:
Maximum Front Maximum Rear
Bumper height Bumper Height
All motor vehicles of the first
division except multipurpose
passenger vehicles: 22 inches 22 inches
Multipurpose passenger vehicles and
all other motor vehicles:
4,500 lbs. and under GVWR 24 inches 26 inches
4,501 lbs. through 7,500
lbs. GVWR 27 inches 29 inches
7,501 lbs. through 9,000
lbs. GVWR 28 inches 30 inches
For any vehicle with bumpers or attaching components
which have been modified or altered from the original
manufacturer's design in order to conform with the maximum
bumper requirements of this section, the bumper height shall
be measured from a level surface to the bottom of the vehicle
frame rail at the most forward and rearward points of the
frame rail. The bumper on any vehicle so modified or altered
shall be at least 4.5 inches in vertical height and extend no
less than the width of the respective wheel tracks outermost
distance.
However, nothing in this Section shall prevent the
installation of bumper guards.
(b) This Section shall not apply to street rods, custom
vehicles, motor vehicles designed or modified primarily for
off-highway purposes while such vehicles are in tow or to
motorcycles or motor driven cycles, nor to motor vehicles
registered as antique vehicles when the original design of
such antique vehicles did not include bumpers. The provisions
of this Section shall not apply to any motor vehicle driven
during the first 1000 recorded miles of that vehicle, when
such vehicle is owned or operated by a manufacturer, dealer
or transporter displaying a special plate or plates as
described in Chapter 3 of this Code while such vehicle is (1)
being delivered from the manufacturing or assembly plant
directly to the purchasing dealer or distributor, or from one
dealership or distributor to another; (2) being moved by the
most direct route from one location to another for the
purpose of installing special bodies or equipment; or (3)
being driven for purposes of demonstration by a prospective
buyer with the dealer or his agent present in the cab of the
vehicle during the demonstration.
The dealer shall, prior to the receipt of any deposit
made or any contract signed by the buyer to secure the
purchase of a vehicle, inform such buyer, by written
statement signed by the purchaser to indicate acknowledgement
of the contents thereof, of the legal requirements of this
Section regarding front and rear bumpers if such vehicle is
not to be equipped with bumpers at the time of delivery.
(c) Any violation of this Section is a Class C
misdemeanor. A second conviction under this Section shall be
punishable with a fine of not less than $500. An officer
making an arrest under this Section shall order the vehicle
driver to remove the vehicle from the highway. A person
convicted under this Section shall be ordered to bring his
vehicle into compliance with this Section.
(Source: P.A. 86-498.)
(625 ILCS 5/13A-104) (from Ch. 95 1/2, par. 13A-104)
Sec. 13A-104. Inspections.
(a) Every motor vehicle which is owned by a resident of
the original inspection area, other than a vehicle which is
exempt under subsection (d) or (e), shall be subject to
inspection under the program.
Beginning January 1, 1992, every motor vehicle which is
owned by a resident of the new inspection area, other than a
vehicle which is exempt under subsection (d) or (e), shall be
subject to inspection under the program.
In accordance with the schedule in subsection (b), the
Agency shall assign an inspection month for each vehicle
subject to inspection under the program, and shall send
notice thereof to the owner of the vehicle not less than 15
days prior to the beginning of the assigned month. For a
vehicle that was not previously subject to inspection, the
Agency shall also send an initial emission inspection sticker
to the owner of the vehicle. For a vehicle that was
previously subject to inspection and for which an initial
inspection sticker has already been issued, the month to be
assigned by the Agency for that vehicle shall not be earlier
than the current assigned month, unless so requested by the
owner; if the assigned month is later than the current
assigned month, the Agency shall issue a corrected inspection
sticker for that vehicle.
Initial emission inspection stickers shall expire on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle in
accordance with the schedule in subsection (b). Renewal
inspection stickers shall expire on the last day of the third
month following the month assigned for inspection in the year
in which the vehicle's next inspection is required in
accordance with the schedule in subsection (b).
The Agency or its agent may issue a temporary emission
inspection sticker for any vehicle subject to inspection
which does not have a currently valid emission inspection
sticker at the time the Agency is notified by the Secretary
of State of its registration by a new owner, and for which an
initial emission inspection sticker has already been issued.
Such temporary emission inspection sticker shall expire on
the last day of the fourth complete calendar month after the
date the Agency is notified by the Secretary of State of the
registration of the vehicle by the new owner, but not earlier
than the end of the second complete calendar year after the
vehicle's model year.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker for the vehicle in
accordance with this subsection. Prior to the expiration of
the emission inspection sticker, the owner shall have the
vehicle inspected and obtain a renewal emission inspection
sticker. A renewal emission inspection sticker shall not be
issued more than 5 months prior to the expiration date of the
previous inspection sticker.
(b) Except as provided in subsection (b-5), vehicles
subject to inspection shall be assigned inspection months
according to the following schedule:
(1) Vehicles of a model year before 1985 shall be
assigned an inspection month in 1991 and annually
thereafter.
(2) Vehicles of model year 1985 shall be assigned
an inspection month in 1992 and annually thereafter.
(3) Vehicles of model year 1986 shall be assigned
an inspection month in 1991, 1993, and annually
thereafter.
(4) Vehicles of model year 1987 shall be assigned
an inspection month in 1992, 1994, and annually
thereafter.
(5) Vehicles of model year 1988 shall be assigned
an inspection month in 1991, 1993, 1995 and annually
thereafter.
(6) Vehicles of model year 1989 shall be assigned
an inspection month in 1992, 1994, 1996, and annually
thereafter.
(7) Vehicles of model year 1990 shall be assigned
an inspection month in 1993, 1995, 1997, and annually
thereafter.
(b-5) Beginning July 1, 1994, or as soon as practicable
thereafter, vehicles shall be assigned an inspection month
and inspected every 2 years on a schedule that begins in the
second calendar year after the vehicle model year. A vehicle
may be assigned an inspection month and inspected on a
schedule other than according to this subsection when a new
owner acquires a vehicle that should have been, but was not,
in compliance with this Act at the time the vehicle was
acquired by the new owner.
(c) The owner of every vehicle subject to inspection
shall have the vehicle inspected and obtain and display
thereon a valid unexpired emission inspection sticker in the
manner specified by the Agency.
Any person who violates this subsection (c) shall be
guilty of a petty offense, except that a third or subsequent
violation within one year shall be a Class C misdemeanor. The
fine imposed for a violation of this subsection shall be not
less than $50 if the violation occurred within 60 days
following the date by which a new or renewal emission
inspection sticker was required to be obtained for the
vehicle, and not less than $300 if the violation occurred
more than 60 days after such date.
(d) The following vehicles are not subject to
inspection:
(1) vehicles not subject to registration under
Article IV of Chapter 3 of The Illinois Vehicle Code,
other than vehicles owned by the federal government;
(2) motorcycles, motor driven cycles and motorized
pedalcycles;
(3) farm vehicles and implements of husbandry;
(4) implements of warfare owned by the State or
federal government;
(5) antique vehicles, custom vehicles, street rods,
and vehicles of model year 1967 or before;
(6) vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal or civic
organization, organized on a not-for-profit basis;
(7) vehicles for which a Junking Certificate has
been issued by the Secretary of State pursuant to Section
3-117 of The Illinois Vehicle Code;
(8) diesel powered vehicles, and vehicles which are
powered exclusively by electricity;
(9) vehicles operated exclusively in organized
amateur or professional sporting activities, as defined
in the Environmental Protection Act;
(10) vehicles which were purchased new by the
current owner less than 24 months prior to the assigned
test month.
The Agency may issue temporary or permanent exemption
stickers, respectively, for vehicles temporarily or
permanently exempt from inspection under this subsection (d);
however, the owner of an exempt vehicle need not obtain or
display an exemption sticker.
(e) Pursuant to such criteria as the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of an
Agency determination that such vehicle is owned and operated
by a corporation or other business entity, and that the situs
of such vehicle is located, and it is primarily used, outside
of the affected counties. The Agency may issue an annual
exemption sticker without inspection for any vehicle exempted
from inspection under this subsection (e).
(f) Any owner or lessee of a fleet of 15 or more motor
vehicles which are subject to inspection under this Section
may apply to the Agency for a permit to establish and operate
a Private Official Inspection Station.
(Source: P.A. 88-533.)
(625 ILCS 5/13B-15)
Sec. 13B-15. Inspections.
(a) Beginning with the implementation of the program
required by this Chapter, every motor vehicle that is owned
by a resident of an affected county, other than a vehicle
that is exempt under subsection (f) or (g), is subject to
inspection under the program.
The Agency shall send notice of the assigned inspection
month, at least 15 days before the beginning of the assigned
month, to the owner of each vehicle subject to the program.
For a vehicle that was subject to inspection before the
effective date of this amendatory Act of 1994 and for which
an initial inspection sticker or initial inspection
certificate has already been issued, the month to be assigned
by the Agency for that vehicle shall not be earlier than the
current assigned month, unless so requested by the owner. If
the assigned month is later than the current assigned month,
the Agency shall issue either a corrected inspection sticker
or corrected certificate for that vehicle.
Initial emission inspection stickers or initial
inspection certificates, as the case may be, expire on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle. Renewal
inspection stickers or certificates expire on the last day of
the third month following the month assigned for inspection
in the year in which the vehicle's next inspection is
required.
The Agency or its agent may issue an interim emission
inspection sticker or certificate for any vehicle subject to
inspection that does not have a currently valid emission
inspection sticker or certificate at the time the Agency is
notified by the Secretary of State of its registration by a
new owner, and for which an initial emission inspection
sticker or certificate has already been issued. Interim
emission inspection stickers or certificates expire no later
than the last day of the sixth complete calendar month after
the date the Agency issued the interim emission inspection
sticker or certificate.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for the
vehicle in accordance with this subsection. Before the
expiration of the emission inspection sticker or certificate,
the owner shall have the vehicle inspected and, upon
demonstration of compliance, obtain a renewal emission
inspection sticker or certificate. A renewal emission
inspection sticker or certificate shall not be issued more
than 5 months before the expiration date of the previous
inspection sticker or certificate.
(b) Except as provided in subsection (c), vehicles shall
be inspected every 2 years on a schedule that begins either
in the second, fourth, or later calendar year after the
vehicle model year. The beginning test schedule shall be set
by the Agency and shall be consistent with the State's
requirements for emission reductions as determined by the
applicable United States Environmental Protection Agency
vehicle emissions estimation model and applicable guidance
and rules.
(c) A vehicle may be inspected out of its 2-year
inspection schedule when a new owner acquires the vehicle and
it should have been, but was not, in compliance with this Act
when the vehicle was acquired by the new owner.
(d) The owner of a vehicle subject to inspection shall
have the vehicle inspected and obtain and display on the
vehicle or carry within the vehicle, in a manner specified by
the Agency, a valid unexpired emission inspection sticker or
certificate in the manner specified by the Agency.
Any person who violates this subsection (d) is guilty of
a petty offense, except that a third or subsequent violation
within one year of the first violation is a Class C
misdemeanor. The fine imposed for a violation of this
subsection shall be not less than $50 if the violation
occurred within 60 days following the date by which a new or
renewal emission inspection sticker or certificate was
required to be obtained for the vehicle, and not less than
$300 if the violation occurred more than 60 days after that
date.
(e) (1) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency shall inspect:
(A) Vehicles operated on federal installations
within an affected county, pursuant to Title 40, Section
51.356 of the Code of Federal Regulations.
(B) Federally owned vehicles operated in affected
counties.
(2) For a fee of $20, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) Vehicles registered in and subject to emission
inspections requirements of another state.
(B) Vehicles presented for inspection on a
voluntary basis.
Any fees collected under this subsection shall not offset
normally appropriated Motor Fuel Tax Funds.
(f) The following vehicles are not subject to
inspection:
(1) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than vehicles
owned by the federal government.
(2) Motorcycles, motor driven cycles, and motorized
pedalcycles.
(3) Farm vehicles and implements of husbandry.
(4) Implements of warfare owned by the State or
federal government.
(5) Antique vehicles, custom vehicles, street rods,
and vehicles of model year 1967 or before.
(6) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or civic
organization, organized on a not-for-profit basis.
(7) Vehicles for which a Junking Certificate has
been issued by the Secretary of State under Section 3-117
of this Code.
(8) Diesel powered vehicles, and vehicles that are
powered exclusively by electricity.
(9) Vehicles operated exclusively in organized
amateur or professional sporting activities, as defined
in the Environmental Protection Act.
(10) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements of
another state.
The Agency may issue temporary or permanent exemption
stickers or certificates for vehicles temporarily or
permanently exempt from inspection under this subsection (f).
An exemption sticker or certificate does not need to be
displayed.
(g) According to criteria the Agency may adopt, a motor
vehicle may be exempted from the inspection requirements of
this Section by the Agency on the basis of an Agency
determination that the vehicle is located and primarily used
outside of the affected counties or in other jurisdictions
where vehicle emission inspections are not required. The
Agency may issue an annual exemption sticker or certificate
without inspection for any vehicle exempted from inspection
under this subsection.
(h) Any owner or lessee of a fleet of 15 or more motor
vehicles which are subject to inspection under this Section
may apply to the Agency for a permit to establish and operate
a Private Official Inspection Station.
(i) Pursuant to Title 40, Section 51.371 of the Code of
Federal Regulations, the Agency shall establish a program of
on-road testing of in-use vehicles through the use of remote
sensing devices. The Agency shall evaluate the emission
performance of 0.5% of the subject fleet or 20,000 vehicles,
whichever is less. Under no circumstances shall on-road
testing include any sort of roadblock or roadside pullover or
cause any type of traffic delay.
If, during the course of on-road inspections, a vehicle
is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and results of on-road
exceedances. The notice of a second on-road exceedance shall
indicate that the vehicle has been reassigned and is subject
to an out-of-cycle follow-up inspection at an official
inspection station. In no case shall the Agency send a notice
of an on-road exceedance to the owner of a vehicle that was
found to exceed the on-road emission standards established
for the model year and type of vehicle if the vehicle is
registered outside of the affected counties.
(Source: P.A. 90-475, eff. 8-17-97.)
INDEX
Statutes amended in order of appearance
625 ILCS 5/1-106.1 new
625 ILCS 5/1-113.1 new
625 ILCS 5/1-202.1 new
625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104
625 ILCS 5/3-804.1 new
625 ILCS 5/3-804.2 new
625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
625 ILCS 5/12-201 from Ch. 95 1/2, par. 12-201
625 ILCS 5/12-205 from Ch. 95 1/2, par. 12-205
625 ILCS 5/12-208 from Ch. 95 1/2, par. 12-208
625 ILCS 5/12-301 from Ch. 95 1/2, par. 12-301
625 ILCS 5/12-501 from Ch. 95 1/2, par. 12-501
625 ILCS 5/12-608 from Ch. 95 1/2, par. 12-608
625 ILCS 5/13-101 from Ch. 95 1/2, par. 13-101
625 ILCS 5/13A-104 from Ch. 95 1/2, par. 13A-104
625 ILCS 5/13B-15
Passed in the General Assembly May 23, 2002.
Approved July 16, 2002.
Effective January 01, 2003.
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